Approval and Promulgation of Implementation Plans and Designation of Areas for
Air Quality Planning Purposes; State of Missouri

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

SUMMARY: Ambient air quality data for the period 1989 through 1991 indicate that
the Kansas City ozone nonattainment area has attained the National Ambient Air
Quality Standard (NAAQS) for ozone. Therefore, in accordance with the Clean Air
Act Amendments of 1990, the state of Missouri has submitted an ozone maintenance
plan which projects continued attainment of the ozone standard in the Kansas
City area, and has requested redesignation of the area to attainment. EPA is
proposing to approve the Kansas City ozone maintenance plan as a revision to the
Air Pollution Control State Implementation Plan (SIP) for the state of Missouri.
In conjunction with the maintenance plan, EPA is also proposing to approve
Missouri's request to redesignate the Kansas City area to attainment with
respect to the ozone NAAQS. In a separate Federal Register notice published
today, EPA is also proposing to approve an analogous plan and redesignation
request submitted by the Kansas Department of Health and Environment to address
the Kansas portion of the ozone nonattainment area.

DATES: Comments must be received by February 14, 1992.

ADDRESSES: Comments should be sent to Larry A. Hacker, Environmental Protection
Agency, Region VII, Air Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101.
The state submittal and the EPA-prepared technical support document (TSD) are
available forpublic review at the above address and at the Missouri Department
of Natural Resources, Air Pollution Control Program, Jefferson State Office
Building, 205 Jefferson Street, Jefferson City, Missouri 65101.

The Clean Air Act as amended in 1977 (``the 1977 Act'') required areas failing
to meet the ozone NAAQS to develop SIPs with sufficient control measures to
expeditiously attain and maintain the standard. The Kansas City metropolitan
area (KCMA) was designated under section 107 of the 1977 Act as nonattainment
with respect to the ozone NAAQS on March 3, 1978. (The designations for Missouri
are codified at 40 CFR 81.326.) The Missouri Department of Natural Resources
(MDNR) submitted a Part D ozone attainment SIP on July 2, 1979, which EPA fully
approved as meeting the requirements of section 110 and Part D of the 1977 Act.
The 1979 SIP projected attainment by December 31, 1982, making the KCMA area a
``nonextension area'' under section 172 of the 1977 Clean Air Act. Although the
KCMA appeared to have met the ozone standard by the end of 1982, additional
violations occurred in 1983 and 1984. On February 20, 1985, EPA notified the
Governor of Missouri that the SIP was substantially inadequate to attain the
ozone NAAQS (50 FR 26198).

In response to the SIP call, MDNR submitted a revised ozone control strategy on
May 26, 1986, which demonstrated attainment by December 31, 1987. EPA proposed
to approved the revised SIP on June 30, 1988 (53 FR 24735). At the time of the
proposal, EPA believed that the area had achieved the standard, as the 1985
through 1987 air quality data showed attainment. However, ozone violations
occurred in June of 1988. Therefore, EPA fully approved the revised control
strategy (54 FR 10322 and 54 FR 46232), but deferred action on the attainment
demonstration portion of the SIP.

More recently, however, the 1989 through 1991 air quality data show attainment
of the ozone NAAQS. Therefore, in an effort to comply with the Clean Air Act
Amendments (CAAA) of 1990 (Pub. L. 101-549), and to ensure continued attainment
of the standard with an adequate margin of safety, the state submitted an ozone
maintenance SIP for the KCMA on October 9, 1991. Accompanying the maintenance
SIP are new and amended rules to control certain categories of sources which
emit volatile organic compound (VOC) emissions, and the state's request to
redesignate the area to attainment with respect to the ozone NAAQS.

II. Evaluation Criteria

Together the Missouri and Kansas submittals meet all applicable requirements of
the 1990 Clean Air Act. The EPA rulemaking docket checklist (included with EPA's
TSD) provides a listing of applicable approval criteria. However, some of these
criteria merit additional discussion which is contained below.

With its submittal of the additional VOC rule actions, Missouri meets the Clean
Air Act requirement that the SIP include all reasonably available control
measures (RACM) (section 172(c)(1)). The rules are also consistent with EPA
policy as outlined in ``Issues Relating to VOC Regulation Cutpoints,
Deficiencies, and DeviationsÄClarification to Appendix D of November 24, 1987
Federal Register,'' dated May 25, 1988 (referred to hereafter as the ``Blue
Book'').

The Missouri submittal also includes a redesignation request, in which the state
demonstrates that the area has fulfilled the redesignation requirements of the
amended Act. Section 107(d)(3)(E) of the Act provides specific requirements for
redesignating a nonattainment area to attainment:

A. The area must have attained the applicable NAAQS (section 07(d)(3)(E)(i));

B. The area has a fully approved SIP under section 110(k) of the Act (section
107(d)(3)(E)(ii));

C. The air quality improvement must be permanent and enforceable
(section 107(d)(3)(E)(iii));

D. The area must have a fully approved maintenance plan pursuant to section 175A
of the Act (section 107(d)(3)(E)(iv)); and

E. The area has met all relevant requirements under section 110 and part D of
the Act (section 107(d)(3)(E)(v)).

Section 175A of the Act sets forth the maintenance plan requirement for areas
seeking redesignation from nonattainment to attainment. The plan must
demonstrate continued attainment of the applicable NAAQS for at least ten years
after the area is redesignated. Eight years after the redesignation, the state
must submit a revised maintenance plan which demonstrates attainment for the ten
years following the initial ten-year period. To provide for the possibility of
future NAAQS violations, the maintenance plan must contain contingency measures
adequate to assure prompt correction of the air quality problem.

III. Review of State Submittal

A. Maintenance Plan

1. Air Quality Data

The submittal contains an analysis of ozone air quality data which is relevant
to the maintenance plan and to the redesignation request. (The redesignation
request is discussed in Section III.C of this notice.) Ambient ozone monitoring
data for 1989 through 1991 show attainment of the NAAQS in the Kansas City area,
i.e., less than one expected exceedance per year. For a complete discussion of
the NAAQS, the reader is referred to 40 CFR 50.9 and appendix H to that section.
Although the 1991 data are not yet fully quality assured, EPA will review the
quality of these data in conjunction with its final action of this SIP
submittal. EPA will not take final action approving the redesignation unless it
determines that attainment is based on three years of quality assured data.

Prior to the 1991 ozone season, the state had planned to base the redesignation
request on the 1987 through 1989 air quality data; however, these data did not
indicate attainment in strict accord with EPA's interpretation of the ozone
standard. Although, under appendix H, attainment cannot be shown by the 1987
through 1989 data, the state's demonstration justifies the use of 1989 emissions
levels as being representative of attainment.

2. Emissions Inventory

MDNR submitted comprehensive inventories of actual VOC emissions from point,
area, and mobile sources. Because 1989 emission data were not consistently
available for all VOC sources in the KCMA, 1988 was selected as the base year
and was used to project emissions to 1989 and future years. The 1989 VOC
inventory is considered most representative of attainment conditions because:
(1) No ozone exceedances occurred in 1989; and (2) EPA's Phase I gasoline
volatility controls (54 FR 11868) were implemented in 1989, resulting in
significant VOC emission reductions.

Therefore, the attainment emission inventory for purposes of this SIP is based
upon the 1989 emission values. All VOC emission estimates were reported in
kilograms per typical summer day. The state submittal contains the detailed
inventory data and summaries by county and source category.

The state demonstrated that point source VOC emissions were not artifically low
due to local economic downturn. The state examined historical employment data
for the Kansas City area for the years 1987 through 1989. No economic downturn
was evident; employment in the manufacturing sector remained relatively stable
during the period.

The state's inventory methodology was consistent with EPA guidance applicable at
the time the plan was being developed (EPA-450/4-88-19, December 1988). Eighty
percent rule effectiveness was applied for source categories subject to state
regulations. Stationary sources with emissions greater than 10 tons per year
were inventoried as point sources.

Mobile source emission estimates were generated using EPA's MOBILE4 model. For
the 1988 base year (prior to EPA volatility restrictions), a 10.5 psi RVP
gasoline volatility was used. In accordance with the EPA Phase I volatility
restrictions, a 9.5 psi RVP gasoline volatility was input for 1989. For 1990 and
1991, a gasoline volatility of 9.0 psi RVP was used in accord with the KCMA's
voluntary RVP reduction program (discussed further below). In accord with EPA's
original June 11, 1990, Phase II volatility restrictions (56 FR 23658), a
gasoline volatility of 7.8 psi RVP was assumed for 1992 and later years.

Due to the marginal, but persistent, history of ozone nonattainment in the KCMA,
EPA and the states of Missouri and Kansas believed that an additional areawide
VOC control measure was necessary to ensure that the ozone standard could be
maintained with an adequate margin of safety. The states of Missouri and Kansas,
the Mid-America Regional Council (MARC), and the Chamber of Commerce worked
cooperatively to implement a voluntary program to control the volatility of
gasoline supplied to the area for 1990 and 1991. Despite its voluntary nature,
the program reduced gasoline volatility from 9.5 to 9.0 psi RVP from June 1
through September 1 in both 1990 and 1991. All petroleum refiners and pipeline
companies agreed to participate. Also, the EPA Field Operations Support Division
performed volatility tests of gasoline samples from the KCMA. The tests
confirmed that the program achieved its goal. (As discussed in section III.A.3.
below, additional reduction of gasoline volatility will be accomplished,
beginning in 1992, as a result of EPA's Phase II volatility standards.)

The voluntary RVP control program resulted in a 8,189 kg/day areawide reduction
in the projected 1990 VOC inventory. This equates to a 3.3 percent reduction
from the 1989 attainment VOC inventory. Thus, the 8,189 kg/day VOC reduction
serves as the attainment margin of safety. The states have committed to maintain
future VOC emissions at or below the co-called ``action level'', i.e., VOC
emissions will not be allowed to encroach upon the margin of safety. The action
level concept is detailed in the above-mentioned EPA TSD.

3. Demonstration of Continued Attainment

a. State demonstration. The state's demonstration of continued attainment
relies, in part, on EPA's Phase II gasoline volatility requirements. On June 11,
1990 (55 FR 23658), EPA promulgated state-by-state Phase II RVP gasoline
standards in order to continue reductions in VOC emissions. Accordingly, under
the Phase II program, a fuel volatility limit of 7.8 psi RVP was scheduled to
become effective in 1992 and each year thereafter during the ozone season (May
through September) in the state of Missouri.

However, the federal gasoline volatility requirements were modified by the 1990
CAAA, and EPA promulgated revised Phase II gasoline volatility requirements on
December 12, 1991 (56 FR 65704). This latest rule revises the maximum allowable
RVP from 7.8 to 9.0 psi in those areas which are currently designated as
unclassifiable or in attainment with the NAAQS for ozone. However, as applicable
to the KCMA, the RVP limit of 7.8 will go into effect as the area is presently
designated nonattainment.

The Missouri portion of the KCMA was designated as nonattainment for ozone in
the recently published part 81 Federal Register notice, November 6, 1991 (56 FR
56788). Therefore, continuation of the 7.8 psi RVP limit is federally
enforceable in the KCMA, even after the area is redesignated to attainment,
because of its nonattainment designation in the November 6, 1991 Federal
Register notice. Also, the requirement for 7.8 psi RVP volatility is deemed
necessary to ensure attainment and maintenance of the ozone standard as
demonstrated by the mobile source emissions inventory projections (based on use
of 7.8 psi RVP) in Missouri's ozone maintenance plan for the KCMA.

Areawide VOC emission were projected for the ten-year period following
maintenance plan development. The projections show that the ozone standard will
be maintained, i.e., VOC emissions are not expected to exceed the ``action
level'' during this time period. Areawide VOC emissions are expected to decrease
by over 20 percent during the next ten years.

The state's projection of VOC emissions is based on the Federal Motor Vehicle
Control Program and EPA's Phase II volatility controls. The projections were
developed prior to passage of the 1990 CAAA Amendments; thus, the federal
on-board vapor recovery requirement and the new federal tailpipe standards were
not considered.

b. Additional EPA Analysis. At the time Missouri and Kansas developed their
maintenance plans, the current version of EPA's mobile source emissions model
was MOBILE4.0. Since that time, MOBILE4.1 has become available. MOBILE4.1 was
run to determine that effect, if any, the new model would have on the
demonstration of continued attainment of the ozone standard. For any given year,
MOBILE4.1 predicted lower VOC emissions than MOBILE4.0; however, the relative
year-to-year trends were essentially identical. Thus, the new effect of
MOBILE4.1 on the demonstration of continued attainment was not significant.

Using MOBILE4.1, the KCMA attainment level of VOC emissions changed from 245,060
kg/day to 227,007 kg/day. For this analysis, EPA determined the action level of
VOC emissions to be 218,009 kg/day. Using MOBILE4.1 for projecting the mobile
source component of the emissions inventory, the total KCMA VOC emissions in the
year 2000 are projected to be 183,601 kg/day, which is 16 percent below the
action level. Given this substantial margin (34,408 kg/day), EPA believes that
VOC emissions will remain below the action level through the year 2002. (ten
years after the redesignation becomes effective).

EPA also performed an analysis of projected NOx emissions for the KCMA. Given
that VOC emissions will remain below the action level (as discussed above in
section III.A.2.) for the next ten years, EPA wished to determine what increases
to NOx emissions, if any, could be anticipated. Even with no growth in VOC
emissions, an increase in NOx emissions (and the associated changes in
atmospheric chemistry) could result in violations of the ozone standard in the
KCMA. EPA's analysis showed no increase in KCMA NOx emissions through the year
2005. Therefore, with VOC emissions at, or below, the action level, and with NOx
emissions not increasing, violations of the ozone standard are not anticipated.
Pursuant to section 175A(a) of the Act, EPA finds that the maintenance plan
demonstrates continued attainment of the ozone standard for the ten-year period
following the effective date of the redesignation.

4. Annual Tracking and Inventory Updates

Continued attainment of the ozone NAAQS in the KCMA depends, in part, on the
state's efforts toward tracking VOC emissions. The state has committed to
completing comprehensive VOC point source inventory updates at least twice in
each five-year period following the effective date of the area's redesignation.
For years in which no comprehensive update is performed, the state will update
the inventory using source permit and shutdown data.

Area and mobile source inventories will be updated at least once every five
years to take advantage of new data and estimation procedures, e.g., U.S. Census
data, revised EPA mobile source emission models, etc. For years in which no
comprehensive area and mobile source inventories are developed, the state will
estimate emissions using the most recently available projections from existing
area and mobile source inventories

The state will submit annual progress reports to EPA which will summarize
available VOC emissions data. Thus, on an annual basis, EPA and the state can
ascertain whether actual VOC emissions are within the attainment inventory.

5. Contingency Plan

The level of VOC emissions in the KCMA will largely determine its ability to
stay in compliance with the ozone NAAQS in the future. Although further
reductions of VOC emissions are projected to occur during the next ten years,
the state has provided contingency measures to be implemented in the event of a
future ozone air quality problem.

Two potential scenarios could result in the implementation of contingency
measures. The first scenario would be an increase in VOC emissions which exceeds
the ``action line'' level (encroaching into the emission margin of safety), but
does not result in ozone violations. The second situation, regardless of the
actual VOC emissions, would be violations of the NAAQS. As mentioned above, the
state will provide annual progress reports which will evaluate the integrity of
VOC emissions safety margin. Section 5.3 of the state submittal gives the
details of the contingency provisions under both scenarios. Contingency measures
include: (1) VOC emission offsets for new and modified stationary sources; (2)
transportation control measures; (3) Stage II vapor recovery; (4) a vehicle I/M
program; (5) VOC controls on minor new sources; and (6) RACT for sources covered
by new EPA Control Technique Guideline (CTG) documents. Contingency controls
would require the state's legislative and/or administrative approval before they
could be implemented. The contingency measures provided in the state submittal
meet the requirements of section 175A(d) of the Act.

6. Commitment to Submit Subsequent Maintenance Plan Revisions

In accord with section 175A of the Act, the state has committed to submit a
revised maintenance SIP eight years after the area is redesignated to
attainment.

In accord with section 172(b)(2) of the 1977 Act, the KCMA was required to have
SIP rules representing RACT for all VOC source categories covered by Group I,
II, and III CTG documents. RACT rules were also required for all major non-CTG
sources.

At the time EPA approved the SIP control strategy (54 FR 10322 and 54 FR 46232),
EPA and the state believed that all the RACM requirements had been met; rules
were in place for all applicable CTG and non-CTG source categories. Moreover,
the rules had been revised for consistency with EPA's ``Blue Book.'' However,
during the maintenance plan development process, EPA learned that the state
needed an additional RACT regulation to address an unregulated non-CTG major
source categoryÄlithographic printing. The state also made corrections to its
cutback asphalt and definitions rules. These rule actions are discussed below.
All of the state's existing and new VOC RACT rules will remain in effect after
the KCMA is redesignated to attainment for the ozone NAAQS.

10 CSR 10-2.340 Control of Emissions from Lithographic Printing Facilities

This non-CTG RACT rule applies to nine existing facilities and new facilities
that have the potential to emit more than 100 TPY of VOC from lithographic
printing operations. VOCs from heat-set inks and the associated dryers are
required to be reduced by 90 to 93 percent over pre-RACT levels through the
installation of add-on control equipment. Evaporative emissions from cleanup
solvents will be reduced by 49 percent, with VOCs from fountain solutions
decreasing by 8 percent. VOC emission reductions from fountain solutions are not
as large as had been anticipated because many of the subject facilities have
already reduced the use of alcohol additives, or have converted to low-VOC
alcohol substitutes. The rule was adopted by the Missouri Air Conservation
Commission (MACC) after proper notice and public hearing and will become
effective ten days after its date of publication in the Code of State
Regulations (CSR).

Appendix G of the state submittal contains a demonstration that the rule
constitutes RACT. In its RACT determination, the state generally relied upon
research conducted by other states that have proposed or adopted similar rules,
feedback from local lithographic printers, information provided by printing
trade associations and trade publications, and research conducted for EPA's
pending publication of a CTG document for lithographic printing (scheduled for
release sometime in 1992-93).

10 CSR 10-2.220 Liquefied Cutback Asphalt Paving Restricted

This rule, as amended, now applies during the months of April through October.
Previously, the applicable season had been May through September. The rule now
includes recordkeeping requirements on the production, sales, and use of cutback
asphalt. Such records must be maintained for at least two years and must be made
available to the state upon request. The rule amendment was adopted by the MACC
after proper notice and public hearing and will become effective ten days after
its date of publication in the CSR.

10 CSR 10-6.020 Definitions

In this rule, the state expanded its definition of ``person'' so it would better
apply to the gasoline marketing industry. The term ``person'' now applies to any
legal successor, employees, or agents of the entities previously included in the
definition. The definitions of ``Reid Vapor Pressure'' and ``gasoline'' were
updated, and a definition of ``retail outlet'' was added. The amendments to the
definitions rule were adopted by the MACC after proper notice and public hearing
and will become effective ten days after being published in the CSR.

EPA believes that these three rules (as discussed above) constitute RACT for all
affected sources. Therefore, EPA proposes approval of these rules.

C. Redesignation Request

The Missouri redesignation request for the KCMA meets the five requirements of
section 107(d)(3)(E). Following is a brief description of how the state has
fulfilled each of these requirements. EPA's TSD contains a more in-depth
analysis of the submittal with respect to certain of these criteria.

1. Attainment of the Ozone NAAQS

The KCMA has provisionally met the first statutory criterion of attainment of
the ozone NAAQS. EPA's analysis of the ozone air quality data is discussed above
in Section III.A.1. EPA will not take final action approving the redesignation
unless it determines that attainment is based on three years of quality assured
data.

2. Reductions are Permanent and Enforceable

EPA approved the Missouri SIP control strategy for the KCMA satisfied that the
rules, and therefore the emission reductions achieved as a result of those
rules, were enforceable. Since that time, the Agency has remained satisfied with
those rules and has not issued a SIP call pursuant to section 110(a)(2)(H),
finding them to be inadequate. The emissions inventory, discussed in section
III.A.2. above, is based on reductions achieved through control measures in the
SIP; therefore, EPA finds that the emission reductions are permanent and
enforceable.

3. A Fully Approved Maintenance Plan

In today's notice, EPA is proposing approval of the state's maintenance plan for
the KCMA. As discussed above in Section III.A., EPA finds that the Missouri
submittal meets the requirements of section 175A. If EPA determines after notice
and comment that it should give final approval to the maintenance plan, the KCMA
will have a fully approved maintenance plan in accordance with section 175A. EPA
will not redesignate the area to attainment before it gives final approval to
the maintenance plan.

4. Fully Approved SIP Meeting the Requirements of section 110 and Part D

a. Section 110 Requirements. In 1980 and 1989, EPA fully approved the state's
SIP for the KCMA as meeting the requirements of section 110(a)(2) of the 1977
Act (45 FR 24140, 45 FR 85005, 54 FR 10322, and 54 FR 46232). The amended Act,
however, modifies several of these requirements. Moreover, the amended Act
requires that for redesignation a nonattainment area must have a fully approved
SIP under section 110(k)Äa new provision. EPA addresses the modified portions of
section 110(a)(2) below. As discussed in Section III.B above, the state has
submitted two new rules for SIP approval. By today's action, EPA proposes
approval of these two rules, and the maintenance plan. Contingent upon final
approval of the SIP, EPA proposes approval of the Missouri SIP for the KCMA
under section 110(k) of the amended Act. EPA will not take final action
redesignating the KCMA to attainment until it has issued a final approval of the
entire SIP for the KCMA.

Although section 110 was amended by the CAAA, the KCMA SIP meets the
requirements of amended section 110(a)(2). A number of the requirements did not
change in substanceÄsection 110(a)(2)(B); (C); (E) (i) and (ii); (F); (G); (H);
(J); (L) and (M)Äand, therefore, EPA has determined that the presence of a fully
approved SIP indicates that these requirements have been met.

A few of the other requirements deserve a more detailed analysis. First, the
section 110(a)(2) requirement that all elements of the SIP are enforceable, is
essentially the same as the section 172(c)(6) requirement. As discussed below in
relation to the section 172(c)(6) requirement, we have found that the existing
SIP contains the necessary enforceable measures. Section, as to section
110(a)(2)(D), which also remains essentially unchanged, it is important to note
that the state has provisions adequate to ensure that it is not contributing to
nonattainment problems across the state border. These provisions are found in
the existing SIP. Third, section 110(a)(2)(E)(iii) establishes a new requirement
that the state retain the responsibility for ensuring adequate implementation of
the SIP elements. Since the state adopted and submitted the rules, it has
retained direct responsibility for ensuring adequate implementation. Fourth, new
section 110(a)(2)(I) reinforces the requirement that the state comply with all
Part D requirements (discussed further below). Finally, section 110(a)(2)(K)
reinforces EPA's authority to require states to do air quality modeling to
support SIP demonstrations. Since EPA is approving the demonstration of
continued attainment in the maintenance plan, Missouri has met this requirement
for purposes of redesignating the Missouri portion of the Kansas City ozone
nonattainment area to attainment.

b. Part D Requirements. Before the KCMA may be redesignated to attainment, it
also must have fulfilled the applicable requirements of Part D. Under Part D, an
area's classification indicates the requirements to which it will be subject.
Subpart 1 of Part D sets forth requirements applicable to all nonattainment
areas regardless of classification. Subpart 2 of Part D establishes requirements
for areas classified as marginal or above. For ozone nonattainment areas,
classification is based on the design value of the area. Areas that violated the
ozone standard during the three-year period (1987 through 1989), but had a
design value of less than 0.121 ppm, fell below the classification cutpoint of
section 181 and were, therefore, deemed ``submarginal'' as of the date of
enactment of the 1990 Amendments to the Act. On November 6, 1991, the KCMA was
classified as submarginal (56 FR 56694). Therefore, in order to be redesignated,
the state need only meet the requirements of subpart 1 of Part D. Specifically,
the state must meet the requirements set forth in section 172(c) and section
176.

1. Section 172(c) Plan Provisions

Since EPA did not issue a SIP call after the state's 1988 approved submittal,
the section 172(c)(1) RACM requirement (which is the same as the requirement is
preamended section 17(b)(2) and (3)) was met by EPA's approval of the SIP under
the preamended Act. The state has actually attained the standard based on the
three years of data from 1989 through 1991. Section 172(c)(1) requires the state
to adopt and implement RACM as expeditiously as practicable and to provide for
the attainment of the NAAQS. At the time EPA approved the KCMA plan, the Agency
determined that it was consistent with RACT and RACM requirements of the Act. As
discussed previously herein, EPA later determined that additional RACT rules
were needed in the KCMA. The additional RACT rules, included in the state
submittal, fulfill the RACT and RACM requirements of the Act.

The RACM requirement also provides that the SIP must provide for attainment. EPA
never acted on Missouri's attainment demonstration for the KCMA. Under the
amended Clean Air Act, the attainment demonstration requirement no longer
applies to ozone nonattainment areas that are classified as marginal (section
182(a)(4)). For marginal areas, this specific provision overrides the general
attainment demonstration requirement of section 172(c)(1) that is applicable to
all ozone nonattainment areas. On November 6, 1991, the KCMA was designated as a
submarginal ozone nonattainment area (56 FR 56694). Since submarginal areas,
such as Kansas City, have an even less severe ozone problem than marginal areas,
EPA is interpreting the section 172(c)(1) attainment demonstration requirement
not to apply to submarginal areas. Therefore, it is not necessary for EPA to
take final action on the existing attainment demonstration for purposes of
redesignating the Missouri portion of the Kansas City ozone nonattainment area.

Several section 172(c) requirements lose their continued force once an area has
demonstrated attainment and maintenance of the NAAQS. The requirement for
reasonable further progress (RFP) only has relevance during the time it takes an
area to attain the NAAQSÄeach year the area must make RFP toward attainment. EPA
originally approved the KCMA RFP demonstration under preamended section
172(c)(2) for the period preceding the statutorily approved attainment date. The
preamended section 172(b)(3) requirement is essentially the same as the new
section 172(c)(2) RFP requirement. Since the KCMA has attained the NAAQS, its
SIP has already achieved RFP toward that goal. In addition, because the KCMA has
attained the NAAQS and is no longer subject to an RFP requirement, the section
172(c) contingency measures are not applicable. Such contingency measures must
take effect if the area fails to meet an RFP milestone or fails to attain the
NAAQS; the KCMA no longer has RFP milestones and has already attained the
standard. The area, however, is still subject to the section 175A contingency
measures.

Similarly, once an area is redesignated to attainment, nonattainment new source
review (NSR) requirements are not applicable. The area is then subject to
prevention of significant deterioration (PSD) requirements instead of the NSR
program. EPA does not believe it appropriate to require the state to adopt a
revised NSR program (meeting the requirements of the amended Act) just to
qualify for redesignation, since that program will be replaced by the existing
Missouri PSD program upon redesignation and any corresponding amendments to the
state rules.

As discussed in Section III.A.2. above, the state submittal includes an
emissions inventory. The maintenance plan emissions inventory fulfills the
section 172(c) requirement.

2. Conformity

Section 176 of the Act requires states to develop transportation/air quality
conformity procedures which are consistent with federal conformity regulations
and to submit these procedures as a SIP revision by November 15, 1992. EPA has
not promulgated final conformity regulations; however, the state has committed
to develop conformity procedures consistent with the final federal regulations
and will submit an appropriate SIP revision. Pages 95 and 96 of the state
submittal discuss the general principles to which the state will adhere in
developing conformity procedures for the Kansas City area.

On June 7, 1991, EPA and the Department of Transportation issued Interim
Conformity Guidance for completing conformity determinations until the final
conformity regulations are promulgated. MARC (the metropolitan planning
organization for the Kansas City area) completed a conformity determination for
Kansas City regional transportation plans and programs under the Interim
Guidance, which the state has reviewed and approved. The conformity
determination is included as appendix L to the state submittal.

EPA believes that the section 176 conformity requirement is sufficiently met
because the promulgation date for conformity procedures has not passed and the
state has committed to adopt appropriate procedures.

IV. Conclusion

EPA is soliciting public comments on this notice and on issues relevant to EPA's
proposed action. Comments will be considered before taking final action.
Interested parties may participate in the federal rulemaking procedure by
submitting written comments to the address above.

Proposed Action

In today's notice, EPA proposes to approve the Kansas City ozone maintenance
plan, and the RACT rule submittals, because it meets the requirements of section
175A. In addition, the Agency is proposing approval of the redesignation request
for the Kansas City area, subject to final approval of the maintenance plan,
because the state has demonstrated compliance with the requirements of section
107(d)(3)(E) for redesignation. Nothing in this action should be construed as
permitting or allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental factors
and in relation to relevant statutory and regulatory requirements.

Under 5 U.S.C. 605(b), EPA certifies that this SIP revision and redesignation
will not have a significant economic impact on a substantial number of small
entities (see 46 FR 8709).

The Office of Management and Budget has exempted this rule from the requirements
of section 3 of Executive Order 12291.